People v. Joachim CA1/5

I. FACTS AND PROCEDURAL HISTORY

On January 3, 2006, appellant pleaded guilty to a single count of possession of stolen properly under section 496, subdivision (a), in an exchange for a dismissal of other

1 Further statutory references are to the Penal Code.

1 charges and a grant of probation conditioned upon his serving 12 months in the county jail. The plea agreement did not specify the value of the stolen property at issue. On November 4, 2014, the voters enacted Proposition 47, which “reclassified certain drug-and theft-related offenses that were felonies or ‘wobblers’ as misdemeanors, and provided a resentencing process for individuals who would have been entitled to lesser punishment if their offenses had been committed after its enactment.” (People v. Rouse (2016) 245 Cal.App.4th 292, 294.) As relevant here, newly-enacted section 1170.18, subdivision (f), provides, “A person who has completed his or her sentence for a conviction, whether by trial or plea, of a felony or felonies who would have been guilty of a misdemeanor under this act had this act been in effect at the time of the offense, may file an application before the trial court that entered the judgment of…